People v. Henderson CA1/4

Filed 5/30/14 P. v. Henderson CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A140522

v. HERBERT LEE HENDERSON, (Contra Costa County Super. Ct. No. 05-971714-1) Defendant and Appellant.

Appellant Herbert Lee Henderson appeals from an order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Reform Act) (Pen. Code, § 1170.126). Appellant’s counsel has filed an opening brief in which no issues are raised, and asks this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared that appellant has been notified that no issues were being raised by counsel on appeal, and that an independent…